Purchase Agreement
Notice -- Read This
WHEN YOU COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. REFER TO THE REFUND POLICY FOR REFUND INFORMATION
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT
YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN
TURN, GIVE THE SELLER CERTAIN RIGHTS THAT AFFECT YOU. THIS
CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT
YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE
LIABILITY OF THE SELLER.
YOU MUST ACCEPT THESE TERMS OR THE SELLER WILL NOT TRANSACT
BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO
YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT
THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE
OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A
MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER
REQUIRES FROM YOU AS A CONDITION OF SALE.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners,
hereafter "SELLER," and you, the prospective purchaser,
hereafter "BUYER". Persons or entities who are not participants
in this contract but who have an indirect relationship, such as
a supplier, joint venture partner, membership organization, or
sales affiliate, are herein described as "THIRD PARTY OR THIRD
PARTIES." The recipient of the product herein sold, where said
product is ordered by and paid for by someone other than the
recipient, is classified herein as if that recipient were the
ordering BUYER with the same rights, duties, and obligations as
the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT MATTER OF THIS PURCHASE AGREEMENT
The subject matter of this agreement is a product, service, or
membership described in promotional or sales materials on this
website and/or in an email referencing this website, and said
website and/or email and its contents are incorporated herein by
reference and made a part hereof and constitute a complete
description of the product, service or membership that is the
subject matter of this Purchase Agreement. This bundle of
offerings, including additional items promoted on the order
page, shall, together, be termed 'product' throughout this
agreement but the word 'product' shall mean all elements offered
in the sale, whether digital, dimensional, or other license or
right, and include all sales or promotional materials.
RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer must pay the full consideration for this product that
the Seller requires as the total price of the product. This
consideration includes not only the purchase price, but other
obligations that the Buyer accepts as well as potential rights
the Buyer agrees to forego. By accepting this Purchase
Agreement, the Buyer agrees to receive continuing follow-up
contact from the Seller including email, mail, newsletters,
product updates, product recall notices, product improvements,
telephone calls from the Seller and/or telemarketing
organizations and/or pollsters for the purpose of solicitation
related to the instant product or any other product or service.
Buyer agrees to post-sale contact from joint venture partners of
the Seller or from others who have a commercial relationship
with the Seller. Buyer agrees that all personal information
about the buyer or his or her buying habits and preferences,
including address and phone number, may be placed in a general
database and agrees that this information may be shared, rented
or sold to third parties. However, Buyer shall at all times be
fully empowered to sever contact with the Seller by notification
using the 'unsubscribe' link in solicitations. Moreover, the
Buyer retains the right to refuse specific contact with some
third party solicitors and maintain it with others. The Buyer
retains the right to have his or her name removed from a general
solicitation database. The Buyer's agreement to accept
solicitation and contact may be reduced, enhanced, limited or
terminated by notification to anyone contacting the Buyer. The
burden is on the Buyer to prove that such communication was made
to and received by the person making contact. Buyer agrees that
Seller is not liable for communications made to the Buyer by
parties unrelated to this purchase even though referred by the
Seller. Buyer accepts full responsibility for limiting
unsolicited contact and Buyer understands that he retains all
rights to directly restrict communication or solicitation from
any party including the Seller.
The Buyer agrees to allow the Seller to collect, store, and use
for marketing purposes all information collected from, provided
by or otherwise ascertained by electronic means from the Buyer.
The Buyer, specifically, and as part of the consideration paid
for this product, waives all right to access, retrieve, or
control such information except that the Buyer retains the right
to restrict contact as described previously.
The Buyer understands that cookies may be placed on his or her
hard drive that will provide information to the Seller and which
are necessary for delivering an e-product and which will be able
to determine if you retain the right to access the product.
Buyer understands that these cookies or other computer codes
will reside on the hard drive and will communicate at times with
the Seller's computer and thereby transmit and receive
information.
Buyers living in locations that require custom duties and/or VAT
taxes to be collected understand that, unless custom duties are
collected at the point of sale by the Seller, the Buyer remains
responsible for payment of custom duties and taxes at the time
the product is received. If it should happen that the Seller's
courier or freight account is charged for custom duties and tax,
instead of the Buyer paying referenced charges, then the Buyer
hereby authorizes the Seller to bill the Buyer's credit card for
said charges or for the return of goods if they are refused at
the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants that he or she is over 18 years of age, not
subject to the Child Online Privacy Act, of legal age to enter
into contractual agreements in the state in which he is present
when he makes this purchase, and is the true and authorized
owner of the credit card used to make this purchase. Any Buyer
who violates any of these requirements may be liable for civil
or criminal prosecution and agrees to pay liquidated damages of
an amount the equivalent of US$10,000 per fraudulent
transaction, plus actual damages, and agrees that all
information collected by this website may be used for
prosecution and may be turned over to law enforcement agencies
or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts
to commit fraud upon the Seller, he authorizes each and every
credit card company or merchant service provider to disclose to
the Seller all information that could be construed as proof of
credit card fraud.
Any Buyer who attempts to perpetrate a fraud upon Seller
involving the use of a credit card herewith gives authorization
for the Seller to access all credit information about the Buyer
from credit reporting agencies and also authorizes the Seller to
discover all relevant information from any source about the
fraudulent practices of the Buyer and to reveal such information
to credit reporting agencies, credit card companies, merchant
service providers, and law enforcement agencies.
Buyer agrees that if he uses trickery to receive more than one
refund, or if he causes a fraudulent dispute claim that results
in a chargeback against the Seller's account, that the Seller is
authorized to re-charge the Buyer's credit card that was used
for the original purchase to the extent that will make the
Seller whole. Buyer agrees to, in addition to actual damages,
pay to the Seller liquidated damages of an amount equivalent to
US$10,000 for every separate fraudulent action Buyer commits.
GUARANTEE AND WARRANTY
We will refund the full cost of the product (but of NO shipping charges) if you return the product to our address: 301 Thelma Drive #501, Casper WY, 82609 within 30 days of your purchase, no questions asked.
ASSUMPTION OF RISK
Buyer agrees to accept all risk associated with the use of this
product, including but not limited to, ingestion of or
application to Buyer's person, the use of the product personally
or in business, all taxes and regulations applicable to this
product, all legal compliance issues related to this product.
Buyer warrants an understanding that the Seller is disclaiming
all liability from harm of any kind or nature caused directly or
indirectly from this product. Buyer agrees, as part of the
consideration required to purchase this product, to carefully
review and test this product during the refund period and to
immediately request a refund if the product is not satisfactory.
LIMITATION OF LIABILITY AND DISCLAIMER
Buyer warrants an understanding, as required consideration, that
the Seller of this product disclaims all liability for the
product or damages resulting from use or installation or
reliance upon this product for any reason. Buyer alone accepts
full responsibility for allowing others to use this product.
Buyer understands that Seller disclaims liability for any
information contained in sales or promotional materials or the
product itself that is unintentionally misleading or incorrect
that might cause damage to Buyer.
Buyer expressly waives any and all claims for consequential,
speculative, and unforeseeable damages resulting from the
purchase or use of this product or from subsequent contact with
Seller or Third Parties.
Buyer expressly agrees that no matter what may happen because of
his or her purchase of this product, or no matter what damage
may be allegedly or actually caused by the use of this product,
or no matter the harm or damage that may result directly or
indirectly from the purchase of this product, for any reason
whatsoever, that the absolute maximum extent of Seller's
liability shall be an amount no greater than the purchase price
of the product.
Buyer agrees and understands that, Seller, specifically but not
exclusively, disclaims liability for all damage to Buyer's
person or business by using this product, including harm to
buyer's computer hardware or software from worms, viruses, or
other defects in the product or computer codes that cause harm.
Seller disclaims liability for Buyer's interaction with Third
Party soliciting agents who were provided 'leads' by the Seller.
Seller disclaims liability for Buyer's interactions with
advertisers on the site. Seller disclaims liability for Buyer's
interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees that the Seller's total liability, even for
erroneous product content that causes damage to the Buyer, shall
be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees that the Seller's total liability, even from harm
caused to the Buyer or to others from use of the product, shall
be limited to the purchase price paid for the product.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees that the Seller's total liability, for any other
injury, harm, or tort of any kind, whether foreseeable or
unforeseeable, shall be limited to the purchase price paid for
the product.
LIMITATION ON THE LIABILITY LIMITATION
Buyer understands that some states do not allow limitation of
liability.
SPECIFIC DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR
'EARNINGS CLAIMS' IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about results from using this product or if claims
about income or earnings resulting from the use of this product
are made, such claims are true for the persons who made the
claims, including claims made by the Seller about its own
experience with the product.
However, Buyer cannot simply rely on these statements as being
duplicable by Buyer because many factors affect results,
including just dumb luck. Some people buy this product to make
money and, in fact, make no money. Some people buy this product
and never read it or attempt to implement any of the moneymaking
ideas. Some folks seemingly take to it like a duck to water and
can't stop making money. Nothing promoted on this website should
be construed as a 'Get rich quick' scheme. The products Buyer is
buying to learn how to make money or products that Buyer is
buying to re-sell, have all been proven money-makers. The income
and earnings statements, if any, tend to reflect the more
successful cases and Buyer should not construe this as being the
'average' or usual success story. As is true in much of life,
real success usually requires real work. Learning about the
internet is not terrible work and it can produce very livable
income if Buyer is willing to learn his or her craft and work at
it steadily. Even part-time efforts may bring in some extra
money each month. But it requires learning skills that Buyer may
not have a background to easily learn and will certainly require
constant education and, perhaps, even psychological motivation
to keep Buyer directed toward his or her goals.
If the product Buyer is purchasing is a physical product
promoted for a particular purpose and if the promotional
materials make claims about the results from the use of this
product, Buyer hereby warrants his understanding that there
exists some probability that the product will not deliver those
same results to any particular Buyer and that the refund of the
purchase price (subject to the return of the product to the
Seller) is the full remedy for any Buyer who feels the product
did not deliver the results claimed.
If the product Buyer is purchasing is a membership or a product
‘plan’ that claims to produce specific benefits or results or
that otherwise involves a recurring fee, the Buyer has a right
to terminate the membership or ‘plan’ upon notice to the Seller.
In this case, the promotional materials describing the
membership and the ‘plan’ and the remedy for dissatisfaction
shall be controlling. If the promotional materials say that part
of a fee is not refundable, then it is not.
Where this disclaimer and claims made in sales and promotional
materials or the product are in conflict, this Purchase
Agreement shall be controlling except, and unless, the Seller
deliberately misled the Buyer or if such construction would
cause material inequity. The sole burden is on the Buyer to
substantiate any deliberate deception. Buyer accepts the
obligation to reimburse the Seller for all court costs,
investigation costs, attorney fees, and all litigation-related
costs in the event Buyer brings suit against the Seller and does
not prevail in court or at arbitration.
No warranties are made whatsoever about the amount of money, if
any, that Buyer will earn from this material or product or
service and Buyer warrants an understanding that Buyer's only
course of action is to test this product and material for the
extent of the refund period and request a refund if Buyer is not
satisfied prior to its expiration.
Buyer, again, warrants an understanding that in any event, for
any reason, no matter the amount of damages claimed, as a
material part of the consideration for purchase of this product,
the maximum amount of liability shall be the purchase price of
the product.
PRIVACY POLICY ACCEPTED
Buyer expressly accepts the terms of the Privacy Policy of
Seller's website.
TERMS OF USE ACCEPTED
Buyer expressly accepts the Terms of Use of the Seller's
website.
RIGHT TO PUBLISH SUBMISSIONS
Buyer agrees that Seller may publish for commercial purposes the
full or partial content of any and all communication with Buyer
at the Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to indemnify Seller for any and all damage that
Buyer causes by using the product or information contained on
this website that results in a damage award against the Seller.
RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees that Seller has the right to discontinue the
product, the service, the membership at any time without notice.
Buyer understands that the Seller may discontinue customer
service on a product or service at any time without notice.
CALIFORNIA RESIDENTS NOTE
You are entering into a contract that may modify, restrict, or
eliminate rights you may have under the California Online
Privacy Protection Act of 2003 (OPPA). Under the Privacy Policy
and this Purchase Agreement you waive any right to view or
modify the content of our database. You waive any right to force
this business or website to divulge when or to whom your
information may have been provided to third parties. In the
event the website elects at its sole discretion to release
information to you, you must clearly identify yourself to the
website as the named customer who has previously purchased from
the website. We are doing this to protect information being
inadvertently provided to fake customers who may have intentions
to harm the real customer. The required identifying information
may include credit card info, social security numbers, notarized
copies of state issued id, or other id sufficient to allow our
counsel to feel comfortable about releasing information – in the
event we elect to divulge it at all. Additionally, this purchase
agreement, as part of the consideration required to purchase
from this website, requires that you agree to use the American
Arbitration Association exclusively in any claim arising from
the Terms of Use, Privacy Policy, or Purchase Agreement, and not
the courts of the state of California. The customer also agrees,
as part of the required consideration, that any cause of action
is presumed to have arisen in the city and county of this
business or website, not in the state of California, unless the
website is located there, and not in the jurisdiction where the
customer resides.
ARBITRATION
As part of the consideration that the Sellers requires, Buyer
agrees to use binding arbitration for any claim, dispute, or
controversy ("CLAIM") of any kind (whether in contract, tort or
otherwise) arising out of or relating to this purchase, this
product, including solicitation issues, privacy issues, and
terms of use issues.
Arbitration shall be conducted pursuant to the rules of the
American Arbitration Association which are in effect on the date
a dispute is submitted to the American Arbitration Association.
Information about the American Arbitration Association, its
rules, and its forms are available from the American Arbitration
Association, 335 Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing will take place in the city or county of the
Seller.
In no case shall the Buyer have the right to go to court or have
a jury trial. Buyer will not have the right to engage in
pre-trial discovery except as provided in the rules; you will
not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will be final and binding
with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for
any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees,
travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a
court of law, pre- or post-arbitration, Buyer agrees to that the
sole and proper jurisdiction to be the state and city declared
in the contact information of the web owner unless otherwise
here specified. In the event that litigation is in a federal
court, the proper court shall be the closest federal court to
the Seller's address.
APPLICABLE LAW
Buyer agrees that the applicable law to be applied shall, in all
cases, be that of the state of the Seller.
NOTICE
Buyer herewith agrees to receive Notice of Changes, Litigation,
Service of Process, Cancellation, Termination, and Modification
of service or product at the email address provided to Seller on
the ordering page. Further, Buyer agrees that the right to
contact Buyer concerning legal notice shall not be terminated by
previously submitted 'unsubscribed' notices and specifically
agrees that any notification to cease contact shall not be
binding upon the Seller in regards to Notice of Change,
Litigation, Service of Process, Cancellation of Product or
Service or Membership or Subscription, Termination of a program,
product or website, or Modification of the terms of service or
product. Additionally, the Buyer grants Seller irrevocable right
to contact him or her via mail or telephone concerning any of
these issues irrespective of other rights the Buyer has to sever
contact with Seller.
COSTS
The prevailing party to any arbitration or litigation will be
entitled to collect attorney fees and all other costs of the
arbitration or litigation, including filing fees, investigation
fees, collection fees, and travel expenses from the other party.
MODIFICATION
This Purchase Agreement cannot be modified in any manner between
the Seller and this Buyer unless modifications are made in
writing signed by both parties. However, the Seller may modify
this Purchase Agreement at any time for other Buyers without
notice to the instant Buyer.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the
Purchase Agreement are held to be invalid or unenforceable, the
remainder of the provisions that are enforceable shall control.
Additionally, Buyer and Seller agree that, if any provision is
found to be invalid or unenforceable, the arbitrating panel will
construe such provision to the maximum extent that it might be
found to be valid or enforceable.
WAIVER OF BREACH
The Seller's waiver (failure to enforce) any term of this
agreement shall not be construed as a modification or an
amendment to this agreement or constitute a waiver of other
breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
Paradise Publishers Inc.
301 Thelma Drive #501
Casper, WY 82609 USA
CustomerService@ParadisePublishers.com
FINAL ACCEPTANCE
By taking the affirmative step of purchasing of a product,
service, or membership, you, the Buyer, attest that you have
fully read, understand, and accept the terms of this Purchase
Agreement contract, and warrant to the Seller that said
affirmative digital acceptance shall be deemed to be the same as
if you had affixed your signature to this Purchase Agreement
contract.
This “Purchase Agreement” is © 2003-2007 by Mining Gold
Corporation and Nevada Processing Center, Inc. (888) 214-3349,
and is fully licensed for use by this website. If you wish to
lawfully use this Terms of Use on your website, contact support@internetlawcompliance.com
for licensing information or visit legal documents website.